Health Informatics Technology has made the access, collating, and harvesting of health information a much more multi-faceted and potentially beneficial practice. There are many more purposes for patient/client records in the modern health care delivery system than in times past. Previously, medical records were only pertinent to the individual receiving care. Now medical records can benefit quality assurance, licensing, biomedical research, third-party insurance reimbursement, credentialing, litigation, regional and national databases, court-ordered release of information, and managed-care comparisons and more. Patient-client information is not used because of automation, but rather because automation makes access to the information so much easier. With the growing need for information legal and ethical issues become more complex. Each team will be given a current case that challenges the legal system and tickles the ethical conscience.
Privacy and Confidentiality
Privacy...
is the right of individuals to be left alone ad to be protected against physical or psychological invasions or the misuse of their property. It includes "freedom from intrusion or observation into one's private affairs; the right to maintain control over certain personal information; and the freedom to act without outside interference' (Peck, 1984, p. 894). Recognizing a patient's personal right to privacy is a form of respect, and mutual respect promotes communication and enhances treatment. Concerns about the privacy of information are not limited to health care data. The 1977 report Personal Privacy in an Information Society cited consumer credit, depository, insurance, employment, and education data as all needing protection (Privacy Protection Study Commission, 1977). All individuals have the right to peace of mind regarding exposure of self or personal information.
Healthcare professionals have adopted ethical codes that address their responsibility to protect clients' privacy. These Codes of Ethics affirm the right of patients to privacy through their professional codes of conduct statements. The nursing codes of ethics specifically address three major areas of privacy: the client's right to privacy, protection of informatin, and access to records. It is important to note that many people with access to medical information are NOT professionals. They are data entry, filing, third=party payer, and billing clerks; unit secretaries; unlicensed assistive personnel; and others who do not have formally adopted codes of ethics to guide them in mmaking decisions about patient information. All people involved wiht patient-specific health care inforamtion must be bound by an ethical code and must have regular training in ethics and privacy issues (Milholland, 1994).
Confidentiality...
is the right of individuals to protect their information or records and refers to the situation of establishing a relationshipand sharing private information (Romano, 1987). According to the AMA, "the information disclosed to a physician during the course of the relationship between physician and patient is confidential to the greatest extent possible. The patient should feel free to make a full disclosure of information to the physician in order that the physician may most effectively provide needed services. The patinet should be able to mmake this disclosure with the knowledge that the physcian will respoect the confidential nature of the communication." - AMA Council on Ethical and jAudicial Affairs, 1989, p. 21.
The obligation to keep someone's personal and private information secret from the knowledge of others is the cornerstone of the trusting relationship between healthcare provider and patient.
This obligation to protect confidentiality is termpered in instances in which innocent people might be in direct jeopardy if patient confidentiality is maintained. one example of a situation that requires reporting without consent is child abuse. Anoverrriding duty to society occurs when the benefits of disclosure outweigh the harm. Healthcare providers must consider the well-being, safety, and rights of both the client and society when determing the dissemination of confidential information. Certainly, relevant data must be shared with other members of the health care team if the client is to receive aquality, effective care. But relevant information msut be disclosed only to those persons directly connected with the client's care (Milholland, 1994).
Team Assignment
Discuss with your team the case study assigned. (See "Team Assignment Index' on your Team Page) Be sure to consider;
Gabrieli's three-zone confidentiality model
Patient control of Information
Privacy and confidentiality laws
Use of information for the social good
Medical Ethics
As a team compose a summary and analysis of your assigned case based on the team discussion.
Gabrieli's three-zone confidentiality model
Team expectations for Case #1 ONLY:
Each member of the group is expected to contribute one academic source, (e.g., peer-reviewed journal article, ebook, or online educational resources) and read other members' sources in order to collaboratively develop the case analyses. Add your academic source to your team wiki page with a proper citation style and link to the source. (see NOTE below for how to do this) At this point we have looked at many quality sources, so don't reinvent the wheel. Look into the information we have already examined for potential resources. NOTE: To easily embed references on your wiki page try the following: Click Edit -> Widget -> Reference. Follow prompts from there
The Legalities and Ethics of Patient Information
Table of Contents
Health Informatics Technology has made the access, collating, and harvesting of health information a much more multi-faceted and potentially beneficial practice. There are many more purposes for patient/client records in the modern health care delivery system than in times past. Previously, medical records were only pertinent to the individual receiving care. Now medical records can benefit quality assurance, licensing, biomedical research, third-party insurance reimbursement, credentialing, litigation, regional and national databases, court-ordered release of information, and managed-care comparisons and more. Patient-client information is not used because of automation, but rather because automation makes access to the information so much easier. With the growing need for information legal and ethical issues become more complex. Each team will be given a current case that challenges the legal system and tickles the ethical conscience.
Privacy and Confidentiality
Privacy...
is the right of individuals to be left alone ad to be protected against physical or psychological invasions or the misuse of their property. It includes "freedom from intrusion or observation into one's private affairs; the right to maintain control over certain personal information; and the freedom to act without outside interference' (Peck, 1984, p. 894). Recognizing a patient's personal right to privacy is a form of respect, and mutual respect promotes communication and enhances treatment. Concerns about the privacy of information are not limited to health care data. The 1977 report Personal Privacy in an Information Society cited consumer credit, depository, insurance, employment, and education data as all needing protection (Privacy Protection Study Commission, 1977). All individuals have the right to peace of mind regarding exposure of self or personal information.Healthcare professionals have adopted ethical codes that address their responsibility to protect clients' privacy. These Codes of Ethics affirm the right of patients to privacy through their professional codes of conduct statements. The nursing codes of ethics specifically address three major areas of privacy: the client's right to privacy, protection of informatin, and access to records. It is important to note that many people with access to medical information are NOT professionals. They are data entry, filing, third=party payer, and billing clerks; unit secretaries; unlicensed assistive personnel; and others who do not have formally adopted codes of ethics to guide them in mmaking decisions about patient information. All people involved wiht patient-specific health care inforamtion must be bound by an ethical code and must have regular training in ethics and privacy issues (Milholland, 1994).
Confidentiality...
is the right of individuals to protect their information or records and refers to the situation of establishing a relationshipand sharing private information (Romano, 1987). According to the AMA, "the information disclosed to a physician during the course of the relationship between physician and patient is confidential to the greatest extent possible. The patient should feel free to make a full disclosure of information to the physician in order that the physician may most effectively provide needed services. The patinet should be able to mmake this disclosure with the knowledge that the physcian will respoect the confidential nature of the communication." - AMA Council on Ethical and jAudicial Affairs, 1989, p. 21.The obligation to keep someone's personal and private information secret from the knowledge of others is the cornerstone of the trusting relationship between healthcare provider and patient.
This obligation to protect confidentiality is termpered in instances in which innocent people might be in direct jeopardy if patient confidentiality is maintained. one example of a situation that requires reporting without consent is child abuse. Anoverrriding duty to society occurs when the benefits of disclosure outweigh the harm. Healthcare providers must consider the well-being, safety, and rights of both the client and society when determing the dissemination of confidential information. Certainly, relevant data must be shared with other members of the health care team if the client is to receive aquality, effective care. But relevant information msut be disclosed only to those persons directly connected with the client's care (Milholland, 1994).
Team Assignment
Discuss with your team the case study assigned. (See "Team Assignment Index' on your Team Page) Be sure to consider;- Gabrieli's three-zone confidentiality model
- Patient control of Information
- Privacy and confidentiality laws
- Use of information for the social good
- Medical Ethics
As a team compose a summary and analysis of your assigned case based on the team discussion.Team expectations for Case #1 ONLY:
Each member of the group is expected to contribute one academic source, (e.g., peer-reviewed journal article, ebook, or online educational resources) and read other members' sources in order to collaboratively develop the case analyses. Add your academic source to your team wiki page with a proper citation style and link to the source. (see NOTE below for how to do this) At this point we have looked at many quality sources, so don't reinvent the wheel. Look into the information we have already examined for potential resources. NOTE: To easily embed references on your wiki page try the following: Click Edit -> Widget -> Reference. Follow prompts from there